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1. [2022 NZACC 76 – Sharma v ACC (4 May 2022) [pdf, 208 KB]

   ...contemporary medical evidence. For example, a direct impact injury severe enough to tear a tendon should also have been reflected in clinical documentations of initial bruising, swelling and adjacent injuries, which was not the case. Relevant law [25] Section 20(2)(a) of the Act provides that a person has cover for a personal injury which is caused by an accident. Section 26(2) states that “personal injury” does not include personal injury caused wholly or substantially by...

2. [2023] NZEnvC 096 AJ & VF Barr Family Trust v Whakatane District Council [pdf, 622 KB]

   ...of fertilizer and chemical spray, odour, dust, animal and machinery noise, lighting, increased traffic volumes and heavy vehicle traffic and that no complaints may be made to the consent holder or to the Council in relation to effects relating to the lawful operation of the farm. “A” Amended Consent Conditions (clean) On-site Management Plan 8. An On-Site Management Plan shall be submitted to the Manager, Resource Consents, Whakatāne District Council, for certification at least one...

3. KD v N Ltd & HX [2023] NZDT 424 (3 July 2023) [pdf, 280 KB]

   ...extreme weather event. 33. KD emailed N Ltd twice on 10 February saying he expected his bike to be covered by N Ltd’s insurance and that N Ltd needed to “keep the pressure on your insurance underwriters”. He insisted N Ltd are liable at law and ethically. 34. N Ltd’s service administrator and relations manager responded (again on the same day) saying they did not have all the answers at that point regarding insurance but noted that their insurance company said the event w...

4. Complaints Assessment Committee 302 v Crockett [2017] NZREADT 5 [pdf, 188 KB]

   ...[a] Rule 6.4 (now r 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (“the 2012 Rules)): A licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or fairness be provided to a customer or client. [b] Rule 6.5 (now, in almost identical terms, r 10.7 of the 2012 Rules”): A licensee is not required to discover hidden or underlying defects in land but must disclose known defects t...

5. [2022] NZREADT 9 BT ST v REAA (12 May 2022) [pdf, 248 KB]

   ...Licensee did not comply with her fiduciary obligations under r 9.1 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Rules) and the requirements as stakeholder under s 124(2) of the Act to ascertain who was lawfully entitled to the payment of the deposit before the balance was paid to the Appellants, less the commission payable. [29] An appeal is by way of a rehearing.1 It proceeds on the basis of the evidence before the Committee, though leave...

6. MOJ0047.03_factsheet_JUL23-Samoan_WEB.pdf [pdf, 222 KB]

   ...Upegatafailagi: afterasuicide.nz Births, Deaths and Marriages (BDM) e saunia tusi faamaonia o maliu. Telefoni vili fua: 0800 22 52 52. Imeli: bdm.nz@dia.govt.nz Upegatafailagi: govt.nz/organisations/births-deaths-and-marriages/ E saunia e le Community Law Centres fautuaga faaletulafono e aunoa ma se tupe e totogi mo i latou o moomia ai. Upegatafailagi: communitylaw.org.nz E saunia e le Sands lagolagosua mo mātua faavauvau ona o se tamaitiiti na fanau mai ua maliu po o se pepe na faato...

7. ENVC Hearing 6Oct14 DM Piritahi Maikara Ropata [pdf, 165 KB]

   ...Turamoko A decendent of Rahiri (and) Tauramoko I runga ra High up there Tu nei Hokianga Here stand I, Hokianga Whakapau Karakia e Who consumes incantations Te paiaka o te riri The taproot of strife Te kawa o Rahiri e The laws of Rahiri 1. Rahiri, known as the father of Ngapuhi, with his sons, grandsons and descendants to come, systematically expelled non 'Ngapuhi' initially from Hokianga and then further afield. They then became the founders of...

8. [2007] NZEmpC CC 3/07 Peoples v Accident Compensation Corporation [pdf, 63 KB]

   ...The rules of court must, prima facie, be obeyed, and, in order to justify a court in extending the time during which some step in procedure requires to be taken, there must be some material on which the court can exercise its discretion. If the law were otherwise, a party in breach would have an unqualified right to an extension of time which would defeat the purpose of the rules which is to provide a time table for the conduct of litigation. [7] The second general principle...

9. [2014] NZEmpC 201 Dunn v Waitemata DHB [pdf, 128 KB]

   ...not be open to the employer to say that it dismissed him justifiably because he was incapable of resuming work. 9 That obiter proposition may be attractive as a matter of general principle but it has no application in the present case. The lawfulness of the earlier warning, the veracity of the allegations relating to Mr Dunn’s manager and the adequacy or otherwise of the WDHB’s actions in dealing with Mr Dunn’s earlier concerns, were not before the Court for determination....

10. [2023] NZEnvC 098 Retirement Villiages Assoc of NZ Inc v Christchurch City Council [pdf, 471 KB]

    ...read and considered the consent memorandum of the parties dated 28 April 2023 which sets out an agreement reached between the parties to resolve this appeal. Other relevant matters [4] Ryman Healthcare Ltd, Belfast Village Centre Ltd and Mr David Law1y gave notice of an intention to become a party under s 27 4 of the Resource Management Act ('the RMA' or 'the Act'). Mr Lawry subsequently withdrew his interest. The remaining two s 27 4 parties have signed the memo...